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3.CUSTOMER RADIO EQUIPMENT – Company is not responsible for the installation, operation, quality of transmission, or maintenance of the Equipment. Any change in Service or Equipment may require additional programming or Equipment or changes to assigned codes or numbers which may require programming fees. Company reserves the right to change or remove assigned codes and/or numbers when such change is reasonably necessary in the conduct of its business. Customer does not have any proprietary interest in such codes or numbers. Although Federal and state laws may make it illegal for third parties to listen in on service, complete privacy cannot be guaranteed. Company shall not be liable to Customer or to any third party for any eavesdropping on or interception of communications from Company’s System.
4.DEPOSITS – Company has the right, exercisable in its sole discretion at any time or from time to time, to require Customer to make a deposit to guarantee payment of sums due hereunder, including Service charges. Customer hereby grants Company, as applicable, a security interest in such deposits, to secure the payment of all sums due hereunder as well as the performance of all other payment obligations Customer may have to the Company whether now existing or hereafter rising. Upon termination of Service, Company may apply the deposit against any outstanding Service charges of Customer or any other amount owed to Company. Company reserves the right to interrupt Services if Service appears to have excessive charges, payments are delinquent, or any unusual calling patterns are observed on Customer’s account. Such interruption may be done to protect Customer or Company as the Company determines in its sole discretion, but in no event shall the Company be liable to the Customer or to any third party by reason of interrupting or failing to cause an interruption of Service.
5.RATES, CHARGES, AND PAYMENT – Company shall issue invoices for Service. Monthly Access charges shall be invoiced in advance. Airtime and long distance charges shall be invoiced in arrears. Customer agrees to pay Company, on a timely basis, for charges by Company for Service. Customer acknowledges that chargeable time for telephone calls and Nextel Direct Connect call transmissions originated by a unit begin when a connection is established with Company facilities. A new Nextel Direct Connect call is initiated by a call participant if that participant responds more than six (6) seconds after the other party finishes its Nextel Direct Connect transmission. Customer accepts responsibility for Airtime charges from incoming telephone calls to its mobile unit from the time that Customer responds to the call. If Customer disputes any Service charges, Customer must pay the entire amount set forth in the invoice by the due date and submit a written explanation within forty five (45) days from the date Company charges Customer for the disputed Service. If Company determines that an error was made with respect to any disputed Service charges, Company shall credit Customer’s account in the amount of the error. If Customer does not pay the amount in dispute owed to Company, Company may exercise any remedies it may have under this Agreement for
